التفريق القضائي بين الزوجين بسبب الأمراض الجنسية في الشريعة الإسلامية وبعض قوانين الأحوال الشخصية العربية

Abstract

The idea of separation between the two spouses because of defects which introduced by the personal status laws in the Arab and Muslim countries into Islamic sharia .the audience of scholars divided flaws that allow one couple asked separation into two types ;genital defects and harmful defects. Jurists did not provide for all defects that can appear with the evolution of time as this impossible ‘but they put mostly controls and roles’ and they gave the reason for some flaws which can appear later .with the development of modern medicine has been the discovery of serious and infectious diseases .among this diseases: Sexual diseases which Transmitted through sexual intercourse ‘and sometimes transmitted in other ways. Problematic in this research is; Is sexual diseases are flaws that allow one spouse to seek a separation in Islamic law and personal status laws? To answer the question we divided this study into three sections: The first section; It has been allocated for the definition of sexual disease from a medical point. The second section; the position of Islamic law scholars of separation between the couple because of sexual diseases. The third section; the position of Islamic law scholars and Personal status laws of separation between the couple because of sexual diseases.